insidereye
Junior Member
Re: California Section 22349
What is the name of your state?What is the name of your state?What is the name of your state? California
I have lurked on the boards for a few days reading all the various posts pertaining to speeding laws in California and while this topic has continually been brought up, I am sure my post can add value to those seeking future advice on speeding tickets in California.
I have been issued a ticket for going approximately 75 mph in a 65 mph zone (I-5), a violation of Section 22349; “Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.” Section 22356 paraphrased states that there are some highways in California that may be 70 mph zones as deemed by signage (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7309576808+0+0+0&WAISaction=retrieve).
I received the ticket because I was stupid enough to pass a moving CHP unit (supposedly going 70 mph) by mistake. I was going between 70-75 mph and to my detriment believed that I was in a 70 mph zone. I have a clean driving record so I know I can attend traffic school. However, I would like to find out more about contesting the ticket (not necessarily to do that, but curiosity has gotten the better of me).
First, I assume that because I passed the CHP unit on the highway that constitutes “pacing”? And if so that means that even though the officer did not have an exact speed based on radar, it becomes a he said/she said deal (where the officer has the benefit of the doubt)?
Second, my understanding is that California has a combination of absolute and presumed speed limits depending on the road/highway in question (http://moneycentral.msn.com/articles/insure/basics/10281.asp). Thus, it is up to the discretion of the officer/court to fine a motorist if he/she was going 7-8 mph above the posted speed limit. In my case, would it be a strong argument if I contested the ticket based on a combination of the approximation of the officer writing the ticket and the absolute versus presumed speed limits (I could indeed have been going less than 7-8 mph above the 65 mph speed limit)? This doesn’t seem like a strong argument; yet, I believe it is a valid argument.
Third, I understand that if I do not live near the area of where the ticket states to go, I can request a change of venue to a county seat from the judge. Has anyone done this? I can’t seem to find the exact procedure to follow for this in regards to traffic violations (http://education.occourts.org/GoFAQ/FAQ.asp?id=1 and http://www.courtinfo.ca.gov/selfhelp/ and http://www.courtinfo.ca.gov/rules/titlefive/title5-3-112.htm).
Fourth, I understand that if I do contest the ticket (hoping the officer decides not to show up) and the officer does indeed show up, before the trial begins I may plead no contest and take traffic school. Is this a wrong assumption? In other words, if I decide to go to trial, am I at the mercy of the court in regards to taking traffic school?
And before all the trolls come by and say I should swallow the pill like an adult, my response is, “Thank you.” Nonetheless, I am not interested in that advice, so please save your key taps.
Thanks,
LS
What is the name of your state?What is the name of your state?What is the name of your state? California
I have lurked on the boards for a few days reading all the various posts pertaining to speeding laws in California and while this topic has continually been brought up, I am sure my post can add value to those seeking future advice on speeding tickets in California.
I have been issued a ticket for going approximately 75 mph in a 65 mph zone (I-5), a violation of Section 22349; “Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.” Section 22356 paraphrased states that there are some highways in California that may be 70 mph zones as deemed by signage (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7309576808+0+0+0&WAISaction=retrieve).
I received the ticket because I was stupid enough to pass a moving CHP unit (supposedly going 70 mph) by mistake. I was going between 70-75 mph and to my detriment believed that I was in a 70 mph zone. I have a clean driving record so I know I can attend traffic school. However, I would like to find out more about contesting the ticket (not necessarily to do that, but curiosity has gotten the better of me).
First, I assume that because I passed the CHP unit on the highway that constitutes “pacing”? And if so that means that even though the officer did not have an exact speed based on radar, it becomes a he said/she said deal (where the officer has the benefit of the doubt)?
Second, my understanding is that California has a combination of absolute and presumed speed limits depending on the road/highway in question (http://moneycentral.msn.com/articles/insure/basics/10281.asp). Thus, it is up to the discretion of the officer/court to fine a motorist if he/she was going 7-8 mph above the posted speed limit. In my case, would it be a strong argument if I contested the ticket based on a combination of the approximation of the officer writing the ticket and the absolute versus presumed speed limits (I could indeed have been going less than 7-8 mph above the 65 mph speed limit)? This doesn’t seem like a strong argument; yet, I believe it is a valid argument.
Third, I understand that if I do not live near the area of where the ticket states to go, I can request a change of venue to a county seat from the judge. Has anyone done this? I can’t seem to find the exact procedure to follow for this in regards to traffic violations (http://education.occourts.org/GoFAQ/FAQ.asp?id=1 and http://www.courtinfo.ca.gov/selfhelp/ and http://www.courtinfo.ca.gov/rules/titlefive/title5-3-112.htm).
Fourth, I understand that if I do contest the ticket (hoping the officer decides not to show up) and the officer does indeed show up, before the trial begins I may plead no contest and take traffic school. Is this a wrong assumption? In other words, if I decide to go to trial, am I at the mercy of the court in regards to taking traffic school?
And before all the trolls come by and say I should swallow the pill like an adult, my response is, “Thank you.” Nonetheless, I am not interested in that advice, so please save your key taps.
Thanks,
LS
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